Confidential
The Governor during
·
2.
that if there were to be a conviction for murder in the case of
a violent crime, the necessity could arise for putting a death
sentence into effect.
5.
The Governor mentions the subject of capital punishment
only in passing and to point out that the imposition of the death sentence on three youths convicted earlier this year on a charge of murder was greeted with widespread and undisguised
general approval. At the time that the Governor wrote his
his leave said he believe letter, Executive Council had not considered the matter and we
an appeal has been lodged in respect of at least we
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way 6/1.
now await the outcome of these cases.
comment appears called for.
Meanwhile, no further
Deportation and Detention (paras. 9 and 10 of the Governor's letter)
6.
The Emergency (Deportation and DetentioN) Regulations have been in force in Hong Kong for many years. As the
Governor mentions, resort was had in the late 1950s to the device of detention in lieu of deportation where a person liable to deportation could not in fact be deported. This course was adopted as a result of the attitude of the Taiwanese and CPG authorities, both of whom have refused to accept the deportation
of criminals.
7.
The Regulations empower the Governor to detain, without bringing to trial, aliens engaged in criminal activities whose deportation has proved impracticable. The powers have been used only in respect of aliens engaged in organised crime (eg triad societies and drug trafficking) against whom it has been impossible to proceed by due process of law because of the intimidation of witnesses. The Regulations provide for each case to be referred to an Advisory Tribunal whose advice must be considered by the Governor in Council before any detention order is made; they also provide for the case of each detained person to be reviewed by the Tribunal at intervals of not more than
one year.
8.
For a number of reasons(para 9 of the Governor's letter) these Regulations have not been used for some years. But they
/have not
Confidential